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Dying intestate – the dangers of not making a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member, trusted friend, or professional to administer your estate (your executor), nominate guardians for young children, determine who will receive your...
Buying Residential Property – Understanding Cooling-Off Periods
In the whirlwind of excitement that often accompanies the purchase of a residential property, it is still essential for buyers to be cautious. In most Australian jurisdictions, the law makes provision for a cooling-off period to allow home buyers to evaluate a...
What Happens to a Family Business after a Couple Separates?
Divorce is almost always a difficult and disruptive life event. For couples who own a family business, the stakes are particularly high, as the fate of the business often becomes a central point of contention during divorce proceedings. In Australia, a family business...
How do I Protect my Estate from a Family Provision Claim?
Estate disputes are surprisingly common in Australia. Laws across different jurisdictions allow eligible individuals to challenge a deceased’s Will if they believe they have not been adequately provided for. In such cases, a successful claim might result in the terms...
Do I need a Conveyancer or Lawyer to buy a House?
A conveyancing transaction involves transferring the legal title (ownership) of real estate from one party to another. For most people, buying or selling property is one of the highest-valued transactions they will ever make, and the legal work is usually referred to...
Protecting Business Interests in Family Law Matters
Family law issues, such as divorce or separation, can be more than just personal battles; they can send shockwaves through a business, potentially impacting its operations, cash flow, and long-term viability. Disruption can stem from a relationship breakdown between...
The Process of Obtaining Probate
Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the validity of a Will of a deceased person. This is the official process that enables the executor named in the Will to deal with the deceased’s estate. As the legal personal representative...
Options to renew in commercial leases – don’t get caught out!
An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions. Landlords are not obliged to offer a renewal option. However, it is often in the interests of both...
NSW residents and International Wills
Since giving effect to the Hague Convention on International Wills in the NSW Succession Act 2006, NSW residents with assets in a foreign country, such as the UK, have had the advantage of being able to make a will in NSW that can be administered in the UK. To comply...
Transferring Property Between Family Members – Key Considerations
Transferring property between family members is a common practice, often driven by a desire to facilitate inheritance, support loved ones, or streamline estate planning. While the intention behind such transfers is usually rooted in familial bonds, navigating the...